senate Bill S5078

2017-2018 Legislative Session

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to transportation
Mar 07, 2017 referred to transportation

S5078 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6702
2015-2016: S747
2019-2020: S570

S5078 (ACTIVE) - Summary

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway.

S5078 (ACTIVE) - Sponsor Memo

S5078 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5078

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 7, 2017
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law, in  relation  to  state  liability  for
  defects in highways

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 58 of the highway law, as amended by  chapter  1110
of the laws of 1971, is amended to read as follows:
  §  58. Liability of state for damages. The state shall [not] be liable
for damages suffered by any person  from  defects  in  state  highways[,
except] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF
TRANSPORTATION  MAY ADOPT PURSUANT TO SECTION TWELVE OF THIS CHAPTER (1)
between the first day of May and the fifteenth day of November [on  such
highways as are maintained by the state under such system as the commis-
sioner  of transportation may adopt pursuant to section twelve, but the]
AND (2) BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE THIRTIETH  DAY  OF
APRIL  FOR  DEFECTS  FOR  WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE
NOTICE. THE liability for such damages shall  otherwise  remain  as  now
provided  by  law,  notwithstanding  the construction or improvement and
maintenance of such highways by the state under this chapter; but  noth-
ing  herein  contained  shall  be  construed  to impose on the state any
liability for defects in bridges over which the state  has  no  control.
Within  the  limits  of incorporated villages the state shall maintain a
width of pavement equal to the width of pavement constructed or improved
at the expense of the state, if a state highway,  the  location  of  the
state's  portion  of  such roadway within said incorporated limits to be
determined by the center line of the roadway as shown on  the  plans  on
file with the department of transportation and the state shall be liable
for  damages to persons or property only when such damage shall occur as
a result of the defective condition of the portion of  improved  highway
as above described.
  §  2.  This  act  shall take effect immediately and shall apply to any
cause of action that accrues on or after such effective date.

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